RAJVEER SINGH Vs. COLLECTOR GHAZIABAD

JUDGEMENT

(1.) THE only point involved in these two writ petitions is, whether a revision lies under Sub -section (4A) of Section 122B Section 122B (4A)] of the U. P. Zamindari Abolition and Land Reforms Act, 1950 (the Act) against the order rejecting an application to recall an order passed under Subsection (3) of Section 122B [Section 122B (3)1 of the Act.

(2.) THE Assistant Collector issued notice to the petitioners to show cause why they may not be for evicted and damages be realised from them under Section 122B of the Act. Petitioners initially appeared before the Assistant Collector but did not appear before him on 14,6.2001 and he passed an order for their eviction from the property in dispute, he also imposed damages. The petitioners filed applications for recalling it on the ground that :

(3.) SECTION 122B of the Act (quoted below) is headed as 'Powers of the Land Management Committee and the Collector'. It provides a procedure for eviction of a person in unauthorised occupation over the land or property of Gaon Sabha or local authority : it also provides for fixing and realisation of compensation for damage, misappropriation and the wrongful occupation. Gaon Sabha or the local authority is to inform the Assistant Collector about the illegal occupation under Sub -section (1) of Section 122B [Section 122B (1)] of the Act. A show cause notice is to be given under Subsection (2) of Section 122B (Section 122B (2)) of the Act to the person concerned. If the cause shown is insufficient then he may be evicted and damages may be fixed under Section 122B (3)" of the Act. The damages can be recovered as arrears of land revenue. The Assistant Collector has to discharge the notice under Sub -section (4) of Section 122B (Section 122B (4)) of the Act if he is of the view that the person is not guilty of causing any damage or misappropriation.